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Frank, 59, was walking his dogs when he was struck by a vehicle while in a crosswalk in Chula Vista. The defendant driver did not have insurance. Frank’s own insurance company, Kemper, refused to pay his $15,000 UM policy, claiming the policy had lapsed prior to the accident.
Frank argued that his coverage had not lapsed. And he proved it. That finding opened up the policy from $15,000 to unlimited liability against Kemper.
Kemper claimed that Frank’s secondary cervical fusion was unrelated to the accident, and that any future fusion surgery was unnecessary. They also argued to the jury that Frank was not disabled and that his loss of earnings claim was fictional.
In reality, the impact fractured Frank’s thoracic spine in half. He already had preexisting spinal issues due to DISH syndrome (calcification and bone spurs), but the crash ended his ability to continue working at FedEx.
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Past medical bills: $251,052
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Future medical bills: $669,472
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Defendant’s final offer: $1,000,000
Vehicle vs. Pedestrian
San Diego Superior Court | Hon. Gregory Pollack | February 25, 2025
Jury Verdict: $13,698,662
PRO TIPS
- The key to the case was proving Frank had UM coverage at the time of the accident. How Kemper handled the denial will likely result in the firing of multiple people—including the law firm that tried the case.
- Pretty sure the jury didn’t appreciate the defense’s attack on Frank, accusing him of faking both his injuries and his loss of earnings.
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